Asean Saarc Intellectual Property Law Firm
Asean Saarc Intellectual Property Law Firm
Trademark is the Right of exclusivity of distinctive features
– The trademark Act, 1999
– The trademark Rules, 2017
– Brand Protection
– Customer recognition
– Business reputation
Partner with India’s trusted IP attorneys to secure and maximize the value of your innovations and brand assets.
1. What is a trademark?
A trademark is any mark that can be graphically represented and used to distinguish the goods or services of one person from those of others. It may include words, logos, shapes, packaging, colours, or any sign that identifies the source of goods or services.
2. What are the types of trademarks?
Trademarks can include word marks, logos, labels, taglines, shapes, colours, packaging, sounds, and even smells or tastes if capable of graphical representation. Broadly, trademarks are classified as product marks, service marks, certification marks, and collective marks.
3. What should be considered while choosing a trademark?
A trademark should be distinctive and not descriptive or commonly used in trade. It must not be misleading, obscene, prohibited by law, or likely to cause confusion among the public.
4. What does a trademark protect?
Trademarks protect brand identity and goodwill by distinguishing a proprietor’s goods or services from competitors. They also protect consumers by preventing confusion regarding the origin, quality, or reputation of products or services.
5. How are trademarks protected in India?
Trademarks are protected in India under the Trade Marks Act, 1999 through registration. Registered trademarks grant exclusive rights and can be enforced through infringement actions, while unregistered trademarks are protected under common law through passing-off remedies.